The writer is a state assemblyman representing parts of Schenectady and Saratoga counties.
Unlike the right to be safe on New York’s roads, driving is not a right, it’s a privilege. That privilege comes with the obligation to respect the safety of others. Families have a right to know they and their loved ones will be protected from serial drunk and dangerous drivers who become human weapons when they get behind the wheel of a vehicle.
That’s why Senator Hugh Farley (R,C,I-Niskayuna) and I have joined with advocates and families who lost loved ones to drunk and dangerous drivers to call for new legislation to help make our roads safer by permanently terminating the driver’s license privileges for serial drunk and dangerous drivers.
Just recently, an individual who had 10 suspensions on his driver’s license, was indicted for aggravated vehicular homicide among other charges for being under the influence of drugs and running a red light when he struck and killed a 19-year-old woman in November 2011 as she walked across the street at the intersection of Erie Boulevard and State Street in Schenectady.
Our measure (A.8934A/S.6496), would permanently terminate all driving privileges of an individual convicted of a combination of three or more of the following: a conviction for DWI/DUI; actions causing an accident where there is personal injury to another and the person is at fault; or vehicular manslaughter.
Currently, there is no provision in state law that permanently terminates driving privileges for those who are chronic drunk, drugged and/or dangerous drivers.
Anyone caught behind the wheel after their driver’s license privileges are permanently terminated would face long-term incarceration. This is a deterrent because under this law any time a designated incorrigible driver gets behind the wheel of a car after getting their license permanently terminated they would go to jail for years – no matter when or why they were stopped – unlike the present system where law enforcement has to catch a repeat offender driving drunk again.
There have been far too many incidents in the Capital Region, and throughout the State, of fatal accidents involving persons who have had their driver’s license suspended and revoked multiple times. We need to break this cycle and better protect the public from these repeat offenders. This legislation makes it clear that a driver will face permanent consequences for their actions.
Among other cases, the bill, known as “Charlotte’s Law,” was inspired by the family of Charlotte Gallo, a senior citizen from Schenectady, New York, who was killed by a truck failing to yield to a pedestrian near Proctor’s Theatre on January 2, 2010. Charlotte was leaving Proctors after a night of volunteering for the organization. The individual driving the truck had a long history of dangerous driving and had what a judge called an “appalling driving background.”
We worked with Charlotte Gallo’s former daughter-in-law, Dr. Linda Rozell-Shannon to craft the bill. Dr. Rozell-Shannon is an expert on state law and Department of Motor Vehicles (DMV) policy regarding drunk and dangerous drivers having served as a policy analyst for over 20 years for the New York State DMV.
Under New York law, a third DWI/DWAI conviction is a Class D felony with a maximum fine of $10,000 and up to 7 years in prison with a 1-year minimum driver’s license revocation. Charlotte’s Law, which would be the toughest of its kind in the nation, would keep the current prison term and fine but forever take away driver’s license privileges for serial drunk and dangerous drivers who have three strikes on their record.
Up until now, a one-year license revocation has been the only action taken to prevent serial offenders from driving. Now, with Charlotte’s Law, their privilege to drive will be permanently terminated in New York State and our highways will be safer.
The bill has received the endorsement of Doris Aiken, President of R.I.D. (Remove Intoxicated Drivers), a well-regarded advocate for tougher drunk driving laws.
Albert Einstein said that the definition of insanity is doing the same thing over and over again and expecting different results. Is it any surprise that serial drunk and dangerous drivers continue to wreak havoc and carnage on our streets when the state enables them to keep getting their driver’s licenses again and again?
Addiction to drugs and alcohol is a difficult illness to overcome and those that suffer from it deserve help but our concern and compassion for them can’t override our obligation to keep chronic drunk and dangerous drivers off our highways.
The message of this bill for serial drunk and dangerous drivers is clear: “three strikes and you’re out. You lose your driving privileges in New York State forever.”
